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Illinois

Discrimination difference: Unfair not always illegal

04/14/2009

We’d all like to think we run a fair workplace. But people are imperfect, and supervisors sometimes aren’t fair. It’s only when that unfairness harms members of a protected class that the practice is illegal.

United Airlines to pay $850,000 settlement for disability bias

04/14/2009

Chicago-based United Airlines agreed to settle a disability discrimination suit stemming from practices at San Francisco International Airport. The case involved a United policy restricting overtime for workers who had been placed in light-duty assignments.

Juggling vacation, military and family leave under new FMLA regs

04/02/2009

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.

Documentation key to stopping that 2nd suit!

03/13/2009

Congratulations! You’ve settled a case. Now make sure the same employee doesn’t sue you again. Remind managers and supervisors to treat the employee exactly like they treat all other employees in the same position.

Are telecommuters part of FMLA head count?

03/13/2009

Employees are eligible for FMLA benefits if they have worked for their employer for a total of one year and at least 1,250 hours in the last 12 months. The criteria don’t stop there. Employers must comply with the FMLA if they employ 50 or more workers within 75 miles of the employee’s workplace. But what if some of those employees work out of their homes?

Assign HR staffer to monitor and update employees’ ADA accommodations

03/13/2009

Don’t think it’s the end of the story once you have offered an ADA accommodation to a disabled employee and put it in place. Disabilities change, equipment fails and technology improves, making the accommodations process a continual one. Here’s what you risk if you make an accommodation and walk away without ensuring the accommodation actually works.

Set up employee complaint hotline to flag managerial abuses—and stop lawsuits

03/13/2009

All too often, low-level managers and supervisors cause misunderstandings that could have been avoided. Of course, training on company processes, anti-discrimination or anti-harassment policies and so forth can prevent many workplace problems. As a backup plan, make sure you have a way for employees to quickly notify HR about any problems.

Use promotion panel to ensure one manager’s bias doesn’t taint entire process

03/13/2009

Sometimes, a supervisor or manager may favor a subordinate for a promotion because he shares some other relationship that has nothing to do with work. That doesn’t always mean there’s discrimination going on. Protect your organization by using a promotion panel to score and interview candidates. That way, you can root out any favoritism that could affect the promotions process.

Transfer—without penalty—won’t make a retaliation suit

03/13/2009

An employee who files a discrimination complaint is protected from retaliation. But that doesn’t mean employers can’t make everyday moves—such as transferring someone who once complained of bias—without risking a lawsuit.

Firing? Keep all communications between employee and boss

03/13/2009

Employees who have been terminated often claim they suffered some form of discrimination or harassment. That’s one good reason to tell managers and supervisors they need to keep each and every piece of paper, phone message and e-mail that led up to the firing.